Trinidad v New York City Tr. Auth. (2009 NY Slip Op 01593)

Trinidad v New York City Tr. Auth.

2009 NY Slip Op 01593 [60 AD3d 437]

March 5, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Frances Trinidad, Respondent,
v
New York City Transit Authority, Appellant.

—[*1] Steve S. Efron, New York, for appellant.

Arnold E. DiJoseph, III, New York, for respondent.

Order, Supreme Court, New York County (Donna M. Mills, J.), entered December 26, 2007, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Contrary to defendant's argument, plaintiff consistently testified that his foot got stuck in a crack in the stairs.

Due to the poor quality of the photographs it submitted, defendant failed to demonstrate as a matter of law that the crack in the stairs was so trivial as to be nonactionable (see Trincere v County of Suffolk, 90 NY2d 976 [1997]; Figueroa v Haven Plaza Hous. Dev. Fund Co., 247 AD2d 210 [1998]; see also Revis v City of New York, 18 AD3d 290 [2005]). Concur—Tom, J.P., Moskowitz, Renwick and Freedman, JJ.